Understanding Occupational Health and Safety in Saskatchewan.pdf

8/18/2019 Understanding Occupational Health and Safety in Saskatchewan.pdf

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Understanding Occupational Health

and Safety in Saskatchewan

2015


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PLEASE NOTE

The original legislation should be consulted for all purposes ofinterpretation and application of the law.


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Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Occupational Health and Safety Legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Who OHS Legislation Covers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Working Age and Age Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Occupational Health and Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

Health and Safety Rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Right to Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Right to Participate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Right to Refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Health and Safety Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Duties of Employers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Duties of Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Duties of Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Duties of Self-Employed Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Duties of Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Duties of Prime Contractors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Duties of Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Duties of Suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Occupational Health Committees & Worker Health and Safety Representatives . 9

Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Training for Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Training for Supervisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Training for OHCs and Representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

Programs and Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13

Occupational Health and Safety Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13Violence Policy Statement and Prevention Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13Harassment Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Reporting Serious Injuries, Fatalities and Dangerous Occurrences. . . . . . . . . . . . . 17

Serious Injuries or Fatalities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17Dangerous Occurrences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17


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Safety Information Management System (SIMS). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Asbestos and the Asbestos Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Asbestos. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19Safely Handling and Removing Asbestos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19

Saskatchewan Asbestos Registry of Public Buildings . . . . . . . . . . . . . . . . . . . . . . . . . .20How to Register and Submit Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20How to Search the Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21

Enforcement and Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Compliance Undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Notice of Contraventions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Stop Work Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22Summary Offence Tickets (SOTs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Persons Who Can Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Timeframe for Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Appealing an Ofcer’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26Appealing the Director’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Appealing an Adjudicator’s Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Appendix A: Table 7 of The Occupational Health and Safety

Regulations, 1996. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Appendix B: How to Read OHS Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

How to Read the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30How to Read the Regulations: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31


5/381Understanding Occupational Health and Safety in Saskatchewan

Occupational Health and Safety Division

Introduction

This document provides simple explanations about the legislated requirements foroccupational health and safety. It will help employers and workers better understand theirrights and responsibilities for preventing injuries and illnesses in the workplace.

Occupational Health and Safety Legislation

Most workplaces in Saskatchewan are provinciallyregulated. The legislation that deals with occupationalhealth and safety in these workplaces is as follows:

• The Saskatchewan Employment Act (the Act); and

• The Occupational Health and Safety Regulations,

1996; The Mines Regulations, 2003; and The Radiation

Health and Safety Regulations, 2005.

The Act outlines the general, legislated safety standardsand requirements for occupational health and safety inSaskatchewan, whereas the regulations give detailedprovisions about how to meet the requirements of the Act.

The Act and the various regulations, noted above, make up what is commonly referred to asSaskatchewan’s OHS legislation.

Who OHS Legislation Covers

Certain workplaces in Saskatchewan are regulated federally by The Canada Labour Code.

Federally regulated businesses and industries are as follows:

• banks;

• marine shipping, ferry and port services;

• air transportation, including airports, aerodromes and airlines;

• railway and road transportation that involves crossing provincial or internationalborders;

• canals, pipelines, tunnels and bridges (crossing provincial borders);• telephone, telegraph and cable systems;

• radio and television broadcasting;

Employers are requiredto have a copy of The

Saskatchewan Employment

Act and regulationslocated where workers andmanagement can reference

them at all times. See sometips about how to read and

use the OHS legislationin Appendix B.


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• grain elevators, feed and seed mills;

• uranium mining and processing;

• businesses dealing with the protection of sheries and natural resources;

• many First Nation activities;

• most federal Crown corporations; and• private businesses necessary to the operation of the federal act.

Working Age and Age Restrictions

Occupational Health and SafetySee The Occupational Health and Safety Regulations, 1996, subsections 14(1) & (2).

To prevent youth from working in occupations with high rates of injury or hazards, TheOccupational Health and Safety Regulations, 1996 lists workplaces where no persons under

the ages of 16 or 18 years can be employed or permitted to work.

Workers under 16 cannot work:

• on a construction site;

• at a pulp mill, sawmill or woodworkingestablishment;

• at a smelter, foundry, renery or metalprocessing or fabricating operation;

• in a meat, sh or poultry processing plant;

• in a conned space (such as a manhole);• in a forestry or logging operation;

• on a drilling service rig;

• as an operator of powered mobile equipment(e.g., a forklift, crane or hoist);

• where exposure to chemical or biologicalsubstances could endanger their health andsafety; and

• in power line construction or maintenance.

Workers under 18 cannot work:

• underground or in an open pit at a mine;

• as a radiation worker;

• in an asbestos process;

• in a silica process; and

• in any activity that requires the use of an atmosphere supplying respirator.

Inexperienced youngworkers are more likely to get

hurt on the job and have moreproblems being paid properly than

others. The Young Worker Readiness

Certifcate Course teaches youth thebasics about workplace health andsafety and the rules for fair pay and

working conditions. It contains

important information they needto know before entering the

job market.

http://www.saskatchewan.ca/ywrcchttp://www.saskatchewan.ca/ywrcchttp://www.saskatchewan.ca/ywrcchttp://www.saskatchewan.ca/ywrcc




Health and Safety RightsSee Act, Part III, Divisions 3, 4 & 5.

OHS legislation is designed to protect workers from being injured on the job or sufferingillness from unhealthy work environments.

Workers have three basic health and safety rights. They are:

• the right to know the hazards at work and how to control them;

• the right to participate in identifying, assessing, eliminating and controlling workplacehazards; and

• the right to refuse work they believe is unusually dangerous to themselves or others.

An unusual danger could be:

• a danger that is not normal for the job;

• a danger that would normally stop work; and

• a situation that a worker isn’t trained, equipped or experienced to deal with properly andsafely.

Right to Know

Workers have the right to know about the hazards of their joband how to control and handle them safely. A hazard is anyactivity, situation or substance that could harm a worker. Workersshould ask about the hazards at their workplace. For example, theemployer of a server in a restaurant must explain to this server

how to:

• handle compressed gas cylinders used with soft drinkdispensers;

• use and clean various tools associated with food services; and

• prevent repetitive strain and back injuries.

Right to Participate

Workers have the right to participate in health and safety at work. Workers can:

• help identify and correct hazards;• serve on an occupational health committee (OHC); and/or

• serve as a worker health and safety representative.

When a worker has a health and safety concern (or has discovered a hazard they don’t have

the authority to correct), they should speak to their supervisor. If the worker can’t resolvethe issue with the help of their supervisor, the worker can re-direct the problem to the work-place’s OHC or representative.

If a concern is not addressed through these methods, an employee can contact the OHSDivision directly by calling 1-800-567-7233.

If your employer

doesn’t tell youabout the hazards

of your job, just ask!

There is no suchthing as a stupidquestion.




Right to RefuseSee Act, section 3-31.

A worker has the right to refuse to do any specic job or task whichthey have reasonable grounds to believe is unusually dangerous to

themselves or to other workers.Note: Workers can’t refuse as a group. The right to refuse is an

individual workers’ right.

Under the Act, workers who use their right to refuse are legallyprotected. That is, an employer can’t re or discipline a worker whorefuses to do unusually dangerous work.

Steps to Refuse Unusually Dangerous Work

A worker should never do work that they aren’t trained, equipped or experienced to do.

Workers should follow these steps to refuse work they believe is unusually dangerous.

1. Tell your employer/supervisor that you are refusing the specic job or task because of ahealth or safety concern.

2. Your employer/supervisor can re-assign you to a different job or task until the workrefusal is resolved. Don’t leave the worksite without your employer’s permission.

3. If you can’t resolve your concern with the employer/supervisor, contact your OHC orrepresentative

4. If the concern can’t be resolved within your workplace, contact an Occupational Healthand Safety Ofcer at the OHS Division at 1-800-567-7233. When you call, ask for the

Duty Ofcer. The Duty Ofcer is an Occupational Health and Safety Ofcer who isassigned to answer the public’s questions about the OHS legislation via telephone ore-mail.

Knowingand exercising

your right torefuse unusuallydangerous workcould save your

life!




Health and Safety ResponsibilitiesSee Act, sections 3-8 to 3-15.

In the workplace, health and safety is a shared responsibility. All workplace parties areresponsible for ensuring healthy and safe working conditions to the extent of their authority,

knowledge and ability.

In OHS legislation, there are:

• duties of employers;

• duties of workers;

• duties of supervisors;

• duties of self-employed persons;

• duties of contractors;

• duties of prime contractors at certain multi-employer worksites;

• duties of owners; and

• duties of suppliers.

Duties of Employers

Employers have the most care and control in the workplace, andtherefore have the most responsibility for health and safety.

An employer is a person/business who operates a place ofemployment and employs the service of one or more workers.

An employer’s health and safety duties include:

• understanding and following health and safety requirements inthe OHS legislation;

• ensuring the health, safety and welfare of workers;

• making sure that managers and supervisors are trained, supported and held accountablefor fullling their workplace health and safety responsibilities;

• ensuring workers have the information, training, certication, supervision andexperience to do their jobs safely;

• providing medical/rst aid facilities as needed; and• ensuring workers are not exposed to harassment in the workplace.

Employersare required to

meet the minimumhealth and safety

requirementsdescribed in theOHS legislation.




Duties of Workers

While at work, workers have a responsibility to work and act safely.

A worker is an individual, or supervisor, who is engaged in the service of an employer.

A worker’s health and safety duties include:

• understanding and following health and safety requirements outlined in the OHSlegislation;

• using safety equipment, machine guards, safety devices and personal protectiveequipment;

• cooperating with anyone exercising a duty imposed by occupational health and safetylegislation; and

• not causing or participating in the harassment of others in the workplace.

Duties of SupervisorsSupervisors are the individuals who have the authority tooversee the work of others at a place of employment.

A supervisor’s health and safety duties include:

• ensuring the health and safety of workers who workunder the supervisor’s direct supervision and direction;

• co-operating with anyone exercising a duty imposed byoccupational health and safety legislation;

• understanding and following health and safetyrequirements in the occupational health and safetylegislation; and

• ensuring that workers under their direct supervisionare not harassed.

Duties of Self-Employed Persons

A self-employed person is anyone engaged in an occupation, but works for him/herself anddoes not employ others.

A self-employed person’s health and safety duties include:

• knowing and complying with the health and safety requirements in the OHS legislation;

• co-operating with anyone exercising a duty imposed by occupational health and safetylegislation; and

• conducting their work in a way that does not endanger anyone’s health and safety.

Encouraging workersto bring their health and

safety concerns forward andworking together to resolve

concerns will help supervisorsfulll their duty to keep the

workplace healthy and safeand, in turn, prevent costly

injuries and illnesses.




Duties of Contractors

Contractors are typically those entities that direct the activities of one or more employers orself-employed persons at a place of employment.

A contractor’s health and safety duties include:

• ensuring the safety of a workplace or work process where the contractor has a degree ofcontrol;

• posting any notice required by occupational health and safety legislation in aconspicuous place; and

• knowing and complying with health and safety requirements in OHS legislation.

Duties of Prime Contractors

Certain multi-employer worksites will be required to have a Prime Contractor, while otherswill not.

A Prime Contractor is required if:

• there are 10 or more self-employed persons or workers under the direction of two ormore employers; and

• the work concerns in the following industries:

¾ construction (excluding construction or renovation to residential dwellings consistingof four or less units);

¾ forestry; and

¾ oil and gas.

The Prime Contractor will also have prescribed activities (roles and responsibilities). Theduties include, but are not limited to:

• identifying and informing employers and self-employed persons about hazards for whichthe Prime Contractor is responsible;

• ensuring insofar as reasonably practicable that the employers or self-employed personsat a worksite eliminate hazards identied by the Prime Contractor before activities oroperations begin on the worksite and after they have commenced;

• ensuring that the employers of self-employed people at a worksite reduce or controlhazards that cannot be reasonably eliminated;

• ensuring that the contact information of the prime contractor is posted in a conspicuouslocation at the worksite;

• ensuring that all activities at the worksite that may affect health and safety arecoordinated;

• ensuring, as far as reasonably practicable, that all employers and self-employed personshave adequate and appropriate occupational health and safety policies and procedures,safe work practices and equipment and competent and informed workers;




• identifying a competent person to oversee and direct, on behalf of the Prime Contractor,the activities of employers and self-employed persons at the worksite; and

• preparing a written plan that explains how the requirements are to be met and deliveringa copy of the written plan to all employers and self-employed persons before any workcommences.

Duties of Owners

An owner is any person who owns or rents a plant to be used as a place of employment.Plant is a term that describes all locations where work could take place. This includes anypremises, site, land, mine, water, structure, xture, or equipment used in the carrying out ofany occupation.

An owner’s health and safety duties include:

• understanding and following the health and safety requirements in the OHS legislation;and

• ensuring that their plant is maintained and that it does not endanger the health andsafety of anyone working in, on, or near the plant.

Duties of Suppliers

A supplier is an individual who supplies, sells, leases, distributes or installs a plant or anybiological/chemical substances to be used at a place of employment.

A supplier’s health and safety duties include:

• knowing and complying with the health and safety requirements in the OHS legislation;

• supplying a plant (workplaces, sites, equipment), in safe condition;

• supplying chemical and biological substances that are safe when instructions arefollowed correctly;

• providing written instructions about how to use equipment safely; and

• maintaining equipment in safe condition.




Occupational Health Committees & Worker Health and Safety

Representatives

Occupational Health Committees (OHCs) and Worker Health and Safety Representatives

(representatives) are mechanisms that help employers communicate and cooperate withworkers in identifying and resolving health and safety concerns.

CommitteesSee Act, Part III, Division 4.

Committees are required in workplaces with 10 or more workers. Their role is to monitor theworkplace, give advice and make recommendations to their employer foreliminating/controlling hazards to keep their working environment safe. They do not have adirect responsibility for correcting hazards at their workplaces.

Their health and safety duties include:

• participating in the identication and control of health and safety hazards in or at theplace of employment;

• cooperating with the occupational health and safety service, if any, established for theplace of employment;

• establishing, promoting and recommending the means of delivery of occupational healthand safety programs for the education and information of workers;

• maintaining records with respect to the duties of the committee pursuant to the Act,section 3-27;

• investigating any matter mentioned in the Act, section 3-31 (Right to refuse dangerouswork);

• receiving, considering and resolving matters respecting the health and safety of workers;and

• carrying out any other duties that are specied in the Act, Part III -Division 4 or the regulations made pursuant to this Part.

Employers are required to consult and cooperate with their committeesand respond to the concerns or recommendations raised in a timelymanner. When the concerns are not resolved, the employer isresponsible to prepare a written response with their reasons for not

resolving the concerns or accepting the recommendations.

Structure of Committees

A committee must have 2-12 members; at least half must be worker members and the restcan be employer members. Employer members cannot out-number worker members. Theremust be a worker and employer co-chair. The worker co-chair is selected by the committeeat their rst meeting. The employer appoints the employer co-chair. The co-chairs shareequal power and have the right to call and chair emergency meetings.

Respondingin a ‘timely

manner’ meanspromptly;

without serious

delay.




Committees must meet once every three months. They can holdextra meetings to address concerns as needed.

Committees are governed and operated by consensus. Membersdiscuss issues and concerns as equals and seek resolutions throughagreement reached by mutual consent.

Committees must keep meeting minutes. Meeting minutes aresummaries of the items discussed such as the hazards identied andthe corrective actions taken or to be taken.

There must be a quorum at every committee meeting. Quorum is the minimum number ofmembers required to be present to constitute an ofcial OHC meeting. To ensure quorum:

• half of the committee members must be present;

• half the members present must be workers; and

• at least one employer member must be present.

The committee can select ‘alternate’ members to guarantee there is quorum at everymeeting.

Within two weeks of each meeting, the employer must ensure that the meeting’s minutes

are led for future reference and available to workers and Occupational Health Ofcers(Ofcers) upon request. A copy of the minutes must also be posted in a location where allworkers can easily access them (e.g., in the lunchroom).

RepresentativesSee Act, section 3-28.

Employers are required to designate worker health and safety representatives in high hazardworkplaces with 5-9 workers at the prescribed places of employment.

For a list of the Prescribed Places of Employment, see Appedix A: Table 7 of TheOccupational Health and Safety Regulations, 1996.

Representatives share the same duties as committees, except they are not required toinvestigate refusals to work.

Employers and representatives must meet once every three months. Like committees, theycan hold extra meeting to address and resolve health and safety concerns as needed.

The employer must keep written records of their meetings and ensure the records areavailable to workers and Ofcers upon request.

Note: As ofJune 1, 2014,

OHCs are no longerrequired to submitmeeting minutes

to the OHSDivision.




Training

Training for Workers

See The Occupational Health and Safety Regulations, 1996, section 19.

When new workers are hired, duties change or new equipment isintroduced into a workplace, employers are responsible for ensuringrelevant workers are properly trained.

Training involves giving information, explanation and transferringknowledge about a specic subject matter and then requiring apractical demonstration from the worker of the knowledge and skillsthat were learned

Employers must retain copies of workers’ training certicates and keep them readilyavailable in the event of a serious injury or fatality. During an incident, an employers’ ability

to produce this information is of key importance.

Training is available from a number of different sources. WorkSafe Saskatchewan provides alist of Saskatchewan Safety Associations who can either offer worker training or direct youto other credible businesses/organizations who offer training. For more information, visitwww.worksafesask.ca.

Training for SupervisorsSee regulations, section 17.

WorkSafe Saskatchewan offers a one-day Supervision and Safety Workshop that introduces

supervisors to their legal responsibilities for health and safety in the workplace. By the endof the course, supervisors will know:

• how to locate information relevant to their workplace in the OHS legislation;

• how to address health and safety issues in their workplace;

• the role of each workplace party for keeping the workplace safe; and

• their specic health and safety duties within the workplace, such as:

¾ hazard identication, risk assessment and hazard control;

¾ workplace inspections;

¾incident investigations;

¾ refusals to work; and

¾ worker training and orientation.

Note: The Workers’ Compensation Board is an approved training agencyfor delivering Occupational Health Committee training and Supervision &Safety training courses under the WorkSafe partnership.

Many

employers whodid not provide

training to theirworkers have been

prosecuted.

Thereis no pre-

requisite for

attending thisworkshop.

http://www.worksafesask.ca/http://www.worksafesask.ca/




Training for OHCs and RepresentativesSee The Occupational Health and Safety Regulations, 1996, section 46.

Employers must ensure that committee co-chairs and representatives are trained in theirfunctions and duties. They may take ve days of educational leave each year for health and

safety training. Time spent at training courses must be treated as paid work time.WorkSafe Saskatchewan provides Level 1 and Level 2 in-class OHC training courses free ofcharge. Level 1 can be taken in-class only. Level 2 is also available online for a small $10course maintenance fee.

Course Descriptions

Level 1 OHC Training

This is an introductory course for committee members and representatives. In Level 1,participants will learn the duties of committees and representatives and how to:

• read and use the OHS legislation;

• identify workplace hazards;

• recommend actions to control workplace hazards;

• handle health and safety concerns; and

• investigate refusals to work.

Level 2 OHC Training

Course participants must complete Level 1 training prior to attending Level 2. In Level 2,they will learn how to:

• plan and conduct workplace inspections;

• identify hazards during inspections;

• recommend corrective actions to eliminate and control hazards found during inspections;

• investigate workplace incidents;

• collect and analyze evidence discovered during incident investigations; and

• recommend corrective actions to prevent the recurrence of incidents.

For more information about how to register for these courses and the training schedule, visitwww.worksafesask.ca.

http://www.worksafesask.ca/http://www.worksafesask.ca/




Programs and Policies

Occupational Health and Safety ProgramSee Act, section 3-20.

Certain prescribed places of employment are required to establishand maintain an occupational health and safety program.

An occupational health and safety program (OHS program) is asystematic plan to identify and control hazards and respond toemergencies. The program lays out responsibilities, resources andprocedures for keeping the workers healthy and safe. Its objectiveis to integrate health and safety into all work practices andconditions.

The specic requirements of an OHS program are stated within section 22 of The

Occupational Health and Safety Regulations, 1996.

To be effective, a program must:

• be in writing (other documents can be referenced in the main document);

• be workplace specic;

• have commitment from the employer and senior management;

• have input from the workers;

• assign clear responsibilities and accountabilities;

• have an evaluation mechanism; and

• be available and effectively communicated.

The OHS Division has developed a publication to assist employers with establishing anOHS program. Please see Elements of An Occupational Health and Safety Program for moreinformation.

Violence Policy Statement and Prevention PlanSee The Occupational Health and Safety Regulations, 1996, section 37

Violence is the attempted, threatened or actual conduct of a person that causes, or is likelyto cause, injury to a worker and includes any threatening statement or behavior that gives a

worker reasonable cause to believe that the worker is at risk of injury.

Employers of prescribed places of employment are required to develop and implement awritten violence policy statement and prevention plan to protect workers and to eliminateand minimize the risk of violence at their place of employment.

See Appendix

A: Table 7 of TheOccupational Health

and Safety Regulations,1996 for a list of theprescribed places of

employment.

http://www.saskatchewan.ca/work/safety-in-the-workplace/ohc-and-ohs-representative/ohchttp://www.saskatchewan.ca/work/safety-in-the-workplace/ohc-and-ohs-representative/ohc




Prescribed Workplaces

The prescribed workplaces that must have a violence policy statement and prevention planinclude:

a) services provided by health care facilities [see regulations, section 468];

b) parmaceutical-dispensing services;

c) education services;

d) police services;

e) corrections services;

f) other law enforcement services;

g) security services;

h) crisis counseling and intervention services;

i) late night retail premises as dened in the regulations [see regulations, section 37.1]

j) nancial services;

k) the sale of alcoholic beverages or the provision of premises for the consumption ofalcoholic beverages;

l) taxi services; and

m) transit services.

Contents of Statement and Plan

By law, the violence policy statement and prevention plan must:

a) state the employer’s commitment to minimize and eliminate risk; then review andupdate the plan every 3 years;

b) identify worksite(s) where violent situations have occurred or may occur;

c) identify staff positions that have or could be exposed to violent situations;

d) state the procedures to inform workers about the nature and risk of violence at theirplace of employment and any information the employer has about persons who have ahistory of violent behavior and who could become a risk to the workers;

e) describe the actions an employer will take to minimize and eliminate the risk of violenceincluding:

• providing personal protective equipment;

• administrative arrangements; and

• engineering controls (e.g., surveillance cameras);

f) state the procedure for reporting a violent incident to the employer;

g) state the procedures the employer will follow to investigate violent incidents;

h) recommend that workers who have been exposed to violent incidents consult a physicianfor treatment or obtain a referral for counseling; and

i) commit to providing a training program for workers that includes information about:




• how to recognize violent situations;

• procedures, work practices, administrative arrangements and engineering controlsthat have been developed for their protection;

• how to respond to violent incidents and obtain assistance; and

• procedures for reporting violent incidents.To prepare the violence policy statement and prevention plan, employers are requiredto consult and cooperate with their OHC, representative or, where there is no OHC orrepresentative, the workers.

The violence policy statement and prevention plan must be in writing and readily availableto all employees.

Harassment PolicySee The Occupational Health and Safety Regulations, 1996, section 36.

Everyone has the right to healthy and safe work environments that are free fromharassment.

Harassment is any inappropriate conduct, comment, display, action or gesture by a personthat poses a threat to the health and safety of another worker.

OHS legislation addresses two types of harassment:

1. harassment that is based on prohibited grounds such as race, creed, religion, colour, sex,sexual orientation, marital status, family status, disability, physical size or weight, age,nationality, ancestry or place of origin as referenced in The Saskatchewan Human RightsCode; and

2. personal harassment that negatively affects the worker’s psychological or physical well-being where the harasser knows, or should know, the harassment would humiliate orintimidate the worker.

Personal harassment often involves repeated occurrences. A single incident could also beconsidered personal harassment if it is shown to have a lasting, harmful effect on a worker.

Personal harassment may include:

• verbal or written abuse or threats;

• insulting, derogatory or degrading comments, jokes or gestures;

• personal ridicule or malicious gossip;

• interference with another’s work or ‘work sabotage’;

• refusing to work or co-operate with others; or

• interference with, or vandalism of, personal property.

An employer has two principle responsibilities to prevent harassment in the workplace:

• develop and implement a written harassment policy that meets the requirements of theregulations; and




• ensure, as much as reasonably practicable, that workers are not exposed to harassmentwith respect to any situation arising out of the worker’s employment. This may includeharassment that occurs outside of regular workplace and work hours (e.g., employersponsored social event or conference) or is perpetrated by a customer, client, or personfrom a contracting business.

Worker Responsibilities

All workers, including managers and supervisors, have a responsibility to ensure appropriateconduct in the workplace. Workers are required to refrain from causing or participating inthe harassment of another worker, and they must co-operate with harassment investigations.

Reporting Harassment

If you believe you are being harassed as a result of your employment, you may contactthe Occupational Health and Safety Division for assistance. The OHS Division providesinformation to workers and employers about harassment and can assist in addressing

harassment through enforcement of the OHS legislation.For information about preventing harassment and creating a harassment policy, see TheHarassment Prevention Guide and the Sample Policy.

Discriminatory Action

See Act, section 3-35.

Workers, occupational health committee members and worker health and safetyrepresentatives who practice their safety rights are legally protected. The act of discipliningor punishing a worker for exercising their health and safety rights is called discriminatoryaction.

Discriminatory action is an action or threat of action applied to a person seeking to exerciseor enforce an OHS right or duty. It could be anything from a ring, verbal warning, writtenwarning, suspension, demotion, loss of wages or termination of employment.

The Act prohibits an employer from taking discriminatory action when a worker:

• complies with the OHS legislation or a notice of contravention;

• tries to have the legislation enforced;

• tries to establish an OHC or designate a representative;

• helps, gives information to or serves on the workplace’s OHC;

• refuses to do work when a worker has reasonable grounds to believe that it is unusuallydangerous to themselves or others; or

• otherwise seeks to exercise or enforce a right or carry out a duty in accordance with OHSlegislation.

http://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplacehttp://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplacehttp://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplacehttp://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplacehttp://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplacehttp://www.saskatchewan.ca/work/safety-in-the-workplace/prevention/harassment-in-the-workplace




Reporting Serious Injuries, Fatalities and Dangerous OccurrencesSee The Occupational Health and Safety Regulations, 1996, section 8 & 9.

Under the regulations, employers and contractors are required to notify the OHS Divisionabout incidents that are injuries, fatalities and dangerous occurrences at their place of

employment.

Serious Injuries or Fatalities

A serious injury is bodily harm that causes or may cause the death of a worker and willrequire a worker to be admitted to a hospital as an in-patient for a period of 72-hours ormore.

The employer/contractor must notify the OHS Division to report a serious injury or fatality.

In the notication, the employer/contractor must provide the:

• name of the injured or deceased worker;

• name of the employer of each injured worker or deceased worker;

• date, time and location of the accident;

• circumstances related to the accident;

• apparent injuries; and

• name, telephone and fax number of the employer/contractor or another persondesignated by the employer/contractor.

In addition to notifying OHS about the incident, a copy of the notice must be given to the

OHC or representative.

Dangerous Occurrences

A dangerous occurrence is any situation that did not cause, but could have caused, aninjury to a worker or a fatality, some examples include: the structural failure or collapse of ascaffold, accidental contact with an energized electrical conductor and an uncontrolled spillof a toxic substance.

If a dangerous occurrence occurs at a place of employment, the employer/contractor(regardless of whether a worker is injured) must contact the OHS Division to report the:

• name of each employer, contractor and owner at the place of employment;• date, time and location of the dangerous occurrence;

• circumstances related to the dangerous occurrence; and

• name, telephone and fax number of the employer/contractor/owner or another persondesignated by the employer/contractor/owner.

In addition to notifying OHS about the incident, a copy of the notice must be given to theOHC or representative.




Safety Information Management System (SIMS)

The Safety Information Management System (SIMS) is a web-based interactive database thatgives employers across Saskatchewan the ability to connect, in real-time, online with theOHS Division.

Users will be able to login to this web-based system to:

• register their company;

• enter their OHC co-chair contact information;

• view their safety records as collected by OHS;

• report dangerous occurrences; and

• submit progress reports for compliance undertakings or noticeof contraventions.

Note: Continue to notify the Division about fatalities and serious injuries by phone.

In addition to all of these functions, SIMS gives the OHS Division the ability to communicatewith employers quickly. The most current safety information and hazard alerts will beemailed when they are most relevant and useful. Previously, employers received these alertsthrough the mail.

To register your business and log on to SIMS, go to saskatchewan.ca/sims. Reference theSIMS User Guide for instructions about how to use the system.

Special securityfeatures have beenbuilt into SIMS to

ensure the privacyand condentiality

of businesses’information.

http://www.saskatchewan.ca/simshttp://www.saskatchewan.ca/simshttp://www.saskatchewan.ca/simshttp://www.saskatchewan.ca/sims




Asbestos and the Asbestos Registry

AsbestosSee The Occupational Health and Safety Regulations, 1996, Part XXIII, sections 330-345.

Older buildings, especially those constructed before 1980, may contain asbestos. Asbestosis a naturally occurring brous material that was widely used as insulation and reproongin building products (e.g., ceiling tiles, oor tiles, pipe insulation).

It is not always obvious which structural materials contain asbestos and workers couldunintentionally disturb them during repairs, maintenance, renovations and other processes.

When asbestos-containing materials (ACM) are disturbed, dangerous bres are released intothe air and workers who inhale them could develop chronic, irreversible and life-threateninglung diseases. These illnesses, which appear several decades after exposure, includeasbestosis (a lung scarring disease), lung cancer and mesothelioma.

Safely Handling and Removing Asbestos

As long as asbestos is well maintained and not disturbed or disintegrating, it does notpresent an immediate risk to workers’ health.

To control exposure to asbestos in the workplace The Occupational Healthand Safety Regulations, 1996 require building owners, employers andcontractors to:

1. Ensure that a competent person identies and creates an inventory ofall ACM in the building.

2. Regularly inspect and maintain all ACM identied in the inventorylist and determine if any damage exists. If damage exists, buildingowners and employers must decide on the safest method to addressthe damage (e.g., abatement, encapsulation or enclosure).

3. Train all staff who are expected to work near or with ACM about safe work proceduresbefore they begin work that could disturb asbestos.

4. Develop written control plans to prevent the release of asbestos bres into occupiedareas when maintenance, repairs, renovation or other work may disturb ACM.

5. Notify the Occupational Health and Safety Division, by completing a Notication of High

Risk Asbestos Form, 14 days before a high-risk asbestos process starts, subsection 7(2).Completed forms can be sent to [email protected] .

For a more detailed explanation of the steps to take when handling asbestos, see theGuidelines for Managing Asbestos in Buildings.

A competent

person possessethe knowledge,experience and

training to perform

a specic duty.

http://www.saskatchewan.ca/~/media/files/lrws/asbestos/notification%20of%20high%20risk%20asbestos%20process%20form.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/notification%20of%20high%20risk%20asbestos%20process%20form.pdfmailto:OHSAsbestosNotification%40gov.sk.ca?subject=Notification%20of%20High%20Risk%20Asbestos%20Processhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20guidelines%20for%20managing%20asbestos%20in%20building.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20guidelines%20for%20managing%20asbestos%20in%20building.pdfmailto:OHSAsbestosNotification%40gov.sk.ca?subject=Notification%20of%20High%20Risk%20Asbestos%20Processhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/notification%20of%20high%20risk%20asbestos%20process%20form.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/notification%20of%20high%20risk%20asbestos%20process%20form.pdf




Saskatchewan Asbestos Registry of Public Buildings

The Public Health Act, 1994 requires buildings owned by the ProvincialGovernment, Crown Corporations, Treasury Board Crowns, RegionalHealth Authorities (or afliates) and buildings used as schools (as

dened by The Education Act, 1995) to assess and then submitinformation about the presence of asbestos-containing material (ACM)to the Saskatchewan Asbestos Registry of Public Buildings.

A safety professional, consultant or person who has asbestosknowledge, experience and training can do the assessment.

The Occupational Health and Safety Regulations, 1996 stipulatesthe items to be assessed and the information to be submitted to theregistry.

A submission to the registry must include the:

• Type of Asbestos-Containing Material (e.g., insulation, boiler and pipe insulation,ceiling stipple, ceiling or oor tile)

Note: Only materials or groups of materials that meet the denition of an ‘asbestos-containing material’ are to be listed in the registry. The material may be untested, butdeemed to be ACM, subsection 334(2).

• Characteristics

¾ Friability (a material is ‘friable’ if it can be crushed using hand pressure);

¾ Concentration of asbestos in the material (if it is known); and

¾Details about the material for easy identication (e.g., colour, shape, size andtexture).

• Location

The place where the ACM is situated within the building. For example, the ACM couldbe at Vicki’s Happy Mart Groceries, Suite 110, oor tiles in storage room 2.

• Accessibility (e.g., enclosed by drywall, inside cindercrete block or encapsulated withnon-asbestos cloth or metal).

How to Register and Submit Information

Building owners who are required to submit information to the registry, must:

1. Set up a user account on the registry. Owners can manage, edit and delete informationrelated to their building within the registry.

For help with setting up an account or with adding a building to the registry, see theSaskatchewan Asbestos Registry for Public Buildings User Guide - User Accounts andSubmissions.

2. Deem material as asbestos-containing until it is determined to be asbestos free.

Compliance andenforcement of the

amendments to ThePublic Health Act and

OHS regulations cameinto eect on June 1,

2014.

https://asbestosregistry.saskatchewan.ca/http://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20accounts%20and%20submissions.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20accounts%20and%20submissions.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20accounts%20and%20submissions.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20accounts%20and%20submissions.pdfhttps://asbestosregistry.saskatchewan.ca/




3. Regularly review the information posted on the registry to ensure it is kept up-to-date.As asbestos changes occur, the registry must be updated. For example, if pipe insulationis removed, and it is listed as ACM, the change must be made to the registry.

4. If a public building is sold to or purchased by an owner who is not prescribed under The Public Health Act, 1994, the information must be updated in the registry.

How to Search the Registry

See the Saskatchewan Asbestos Registry in Public Buildings User Guide - Searching for helpwith accessing and searching the Saskatchewan Asbestos Registry.

http://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20searching.pdfhttp://www.saskatchewan.ca/~/media/files/lrws/asbestos/asbestos%20registry%20of%20public%20buildings%20user%20manual%20-%20searching.pdf




Enforcement and Penalties

Compliance UndertakingsSee Act, section 3-38.

When an Ofcer encounters a person who is not complying with OHS legislation, the Ofcerwill take one of two actions:

1. require the person to enter into a compliance undertaking; or

2. serve the person with a notice of contravention.

A compliance undertaking is a written agreement (not a warning) where a workplace partycommits to take steps to comply with OHS legislation by accomplishing specied taskswithin a dened time period.

When a workplace party enters into a compliance undertaking, they must submit a progress

report to show that they have completed the specied tasks.

Notice of ContraventionsSee Act, section 3-38.

A notice of contravention is an enforcement tool that Ofcers use to address non-compliancewith the OHS legislation.

In a notice of contravention, Ofcers:

• identify the section(s) of the OHS legislation that have been contravened;

• require that corrective action(s) be taken and specify the date by which that action is tobe completed; and

• require a progress report to be sent to the OHS Division within ve business days of theprescribed date for correction and to a workplace OHC or representative. Where neithera committee nor a representative exists at a workplace, the progress report is provided tothe workers.

Stop Work Orders

When an Ofcer has formed the opinion that there is a breach of the OHS legislationthat may involve serious risk to the health and safety of a worker(s), they will direct the

cessation of work.To prevent serious risk situations that could lead to a stop work order at your workplace,familiarize yourself with the examples below of conditions that are considered a seriousrisk.




The serious risk conditions are:

1. workers being exposed to falls in excess of three metres without appropriate fallprotection;

2. the presence of oor or roof openings through which workers could fall;

3. workers working in conned spaces without atmosphere testing or other safetyprocedures;

4. workers working on equipment or machinery without lockout in place (when suchlockout is required);

5. workers working in a trench that has not been cutback or adequately shored;

6. workers handling toxic, carcinogenic, or corrosive chemicals without the appropriateinformation or precautions in place;

7. workers working in an atmosphere that may pose a threat to heath from inhalation ofharmful substances without respiratory equipment or other controls; and

8. workers leaving trees partially cut and standing or sit back trees while continuing towork in the area.

Summary Offence Tickets (SOTs)

A Summary Offence Ticket (SOT) is a ticket issued by designated Occupational HealthOfcers for certain occupational health and safety violations.

Summary Offence Tickets are similar to speeding tickets. They are issued on the spot or sentby mail depending on the situation and circumstances.

There are 12 ticketable offences for non-compliance with legislation in the areas of:

• fall protection;

• excavating and trenching;

• personal protective equipment;

• submission of progress reports to the OHS Division; and

• submission of information requested by the Director.

Fines range from $250 to $1,000 depending on the offence.

List of Offences and Fines

The ne for each offence is established within The Summary Offence Procedures Regulations,1991. Note that these ne amounts are subject to a victim surcharge established pursuant tosection 13 of The Victims of Crime Act, 1995.




Item # OffenceSection of the Act

or RegulationsFine Amount/Liable Parties

1. Failing to submit a writtenprogress report1

Act 3-43(b) $600

Employers, self-employed

persons, suppliers,contractors, owners

2. Failing to submit informationrequested by the Director2

Act 3-64(1) $600

Employers, self-employedpersons, suppliers,contractors, owners

3. Failing to supply approvedpersonal protective equipment

87(1)(a)regulations

$1,000

Employers, contractors

4. Failing to ensure that workers

use personal protectiveequipment

87(1)(b)

regulations

$1,000


5. Worker failing to use providedpersonal protective equipment

87(4)(a)regulations

$250

Workers

6. Failing to ensure that workersuse a fall protection systemwhere a worker may fall threemetres or more

116(2)(a)regulations

$1,000


7. Failure to ensure that workersuse a fall protection systemwhere there is a possibilityof injury if a worker falls lessthan three metres

116(2)(b)regulations

$1,000

Employers, contractors,owners

8. Failing to ensure that anyopening or hole is covered andclearly marked or otherwiseprotected

124(1)regulations

$1,000

Employers, contractors,owners

9. Failing to provide an effectivesafeguard

137(1)regulations

$1,000


10. Failing to ensure that workersare protected from cave-ins or sliding material in anexcavation

262(1)regulations

$1,000


11. Failing to ensure that workersare protected from cave-ins orsliding material in a trench

263(1)regulations

$1,000





Item # OffenceSection of the Act

or RegulationsFine Amount/Liable Parties

12. Failing to implement ahazardous conned spaceentry plan

272(3)regulations

$1,000


1 “ Failing to submit a written progress report ”Act, section 3-43(b) requires the submission of a progress report to an Ofcer explaining what actions have

been taken to remedy each violation stated in a notice of contravention within the required timelines.

2 “ Failing to submit information requested by the director ”Act, section 3-64 allows the Director of the OHS Division to request information the OHS Division needs toperform its duties and exercise its powers.

PenaltiesSee Act, section 3-79.

The Saskatchewan Employment Act provides penalties as follows:

• The maximum ne for an individual(s) who a causes serious injury or fatality is$500,000.

• The maximum ne for a corporation(s) who causes a serious injury or fatality is$1,500,000.

While the maximum penalty is set by legislation, the actual amount charged to anindividual or corporation is at the discretion of a judge.

At $1,500,000 for a corporation, Saskatchewan now has the highest penalty for incidentscausing the serious injury or death of a worker in Canada. This penalty is comparable to

penalties for the same offence in British Columbia, Alberta and Manitoba.




Appeals

Part III and IV of the Act explain the process by which designated individuals and entitiescan appeal decisions of occupational health ofcers.

Persons Who Can Appeal

The following individuals and entities can appeal decisions of occupational health ofcers:

• workers;

• employers;

• self-employed persons;

• contractors;

• prime contractors;

• owners;

• suppliers; or

• any other prescribed person or member or a category of prescribed persons.

Timeframe for Appeals

A person can le a written notice of appeal to the Director of the OHS Division within 15business days of the date the decision was served. The written notice of appeal must:

• identify and state the decision being appealed;

• state the names of all persons who are directly affected by the decision;

• set out the grounds of the appeal; and

• state what the appellant wants done to correct the situation.

Appealing an Officer’s DecisionSee Act, section 3-53.

Appeals of Ofcers’ decisions are made to the Director of the Occupational Health andSafety Division. The Director can conduct appeals internally or choose to forward them toan adjudicator. Certain appeals must be forwarded directly to an adjudicator.

The written notice of appeal must be made to the attention of the:

DirectorOccupational Health and Safety DivisionMinistry of Labour Relations and Workplace Safety300 - 1870 Albert StreetREGINA SK S4P 4W1

Note: Mailed notices should be sent by registered or certied mail.




If the Director of the OHS Division conducts the appeal internally, the OHS Division willprovide notice of the appeal to the persons who are directly affected by the decision and willprovide opportunity for those persons to make written representations about whether thedecision should be afrmed, amended or cancelled. The Director is not required to providean oral hearing.

After conducting an appeal, the Director of the OHS Division will afrm, amend or cancelthe original decision and will provide written reasons for the decision. The Director willprovide a copy of the decision to all persons who are directly affected by the decision.

Appealing the Director’s DecisionSee Act, section 3-56.

The Director’s decision can be appealed and heard by an adjudicator.

Adjudicators are assigned to specic appeal hearings by the Saskatchewan Labour RelationsBoard.

Adjudicators may:

• require any party to provide testimony;

• require any party to testify under oath;

• require any party to provide documents relevant to the appeal;

• administer oaths or afrmations;

• decide questions of fact relevant to the appeal and may accept evidence even if it wouldnot be admissible in a regular court;

• conduct any appeal using a means of simultaneous telecommunications; and

• adjourn or postpone the appeal.

The Saskatchewan Labour Relations Board will consult with the adjudicator to set a time,day and place for the appeal or hearing.

The adjudicator determines the procedures by which an appealis conducted. Adjudicators are not bound by the normal rules ofevidence law and may accept any evidence they consider appropriate.

If a person who is directly affected by an appeal has been givennotice of the appeal, the adjudicator may proceed in their absence.

Furthermore, adjudicators, at their discretion, may use simultaneoustelecommunications to conduct a proceeding. This allows the processto proceed without everyone in the same physical location.

Each party in an appeal may represent themselves or choose to havesomeone else represent them during the appeal process. Typically, this could mean anemployer representative or a lawyer.

Under the Act,section 4-4(5),

a technical or

procedural error durinthe appeal process wil

not nullify or void theoutcome of an

appeal.




The adjudicator’s decision will be based on the evidence presented during the hearings.When the hearings have ended, the adjudicator can choose to accept or dismiss the appeal,or revoke, change or accept the original decision as written.

Appealing an Adjudicator’s Decision

See Act, section 4-8.If an appeal is pursuant to a question of the law, an adjudicator’s decision can be appealedto the Saskatchewan Labour Relations Board. Also, under certain circumstances, theSaskatchewan Labour Board’s decision can be appealed to the Saskatchewan Court ofAppeal.

For more information about appealing a decision to the Saskatchewan Labour RelationsBoard, contact the Saskatchewan Labour Relations Board at 306-787-2406 (Regina), or visittheir website at www.sasklabourrelationsboard.com.

http://www.sasklabourrelationsboard.com/http://www.sasklabourrelationsboard.com/




Appendix A: Table 7 of The Occupational Health and Safety

Regulations, 1996 [Subsections 22(2) and 45(1)]

Employers at the prescribed places of employment, listed in Table 7, are required to:

• establish and maintain an Occupational Health & Safety Program; and

• designate a worker occupational health and safety representative if they employ 5-9workers and engage in activities that constitute high hazard work.

Prescribed Places of Employment

1. Types of places of employment:

a) hospitals, nursing homes and home care;

b) metal foundries and mills; and

c) mines.

2. Places of employment at which the following types of work are performed:

a) aerial crop spraying, operation of helicopters, water bombing;

b) auto-body and automotive paint repairing, bumper electroplating, auto rust proong,auto glass installation, auto vinyl roong, bre glassing boats and autos;

c) building construction;

d) camp catering;

e) farming and ranching;

f) forestry work other than pulp and paper production;

g) forwarding and warehousing as a business;

h) metal manufacturing and machining, marble works, concrete block and ready mixmanufacturing;

i) oil well servicing;

j) oil and gas drilling, well servicing with a rig, water well drilling;

k) processing meat, poultry and sh;

l) road construction and earthwork, urban sewer and water construction, tunneling;

m) trucking; and

n) wholesale baking, dairy products, soft drinks and food preparation and packaging.




Appendix B: How to Read OHS Legislation

Knowing how to read and use the OHS legislation will help employers, supervisors andworkers:

• familiarize themselves with Saskatchewan’s health and safety requirements; and• take the correct actions to comply with the health and safety requirements for their

specic workplaces.

Reading legislation is different than reading a textbook or manual. Information is organizedand presented in a unique way.

How to Read the Act

The Saskatchewan Employment Act is 12 pieces of employment, labour relations andoccupational health and safety requirements published and presented as one statute.

It is organized into Parts designated by roman numerals. The OHS legislation is located inParts III, IV and V of the Act.

• Part III - Occupational Health and Safety

• Part IV - Appeals and Hearings

• Part V - Radiation Health and Safety

When reading the Act, you will often be looking for one specic piece of information. It isbest to go directly to the Table of Contents. Note that the Table of Contents is divided intoParts, as mentioned above, and the Parts are subdivided into Divisions. The OHS Divisions

are then divided further into Sections. When trying to locate information in the Act,always remember to search by section number; not page number.

For example, if you needed to nd information about the General duties of supervisors, youwould follow these steps.

1. Go to the Table of Contents.

2. Find Part III- Occupational Health and Safety.

3. Scan to nd the OHS Division heading – Duties.

4. Finally, under Duties, you will see section 3-9, General duties of supervisors.

Note: Every section of Part III of the Act is preceded by the number 3. Similarly, if you werereading Part II of the Act, every section would be preceded by the number 2.

See the screen capture on the next page for a visual example of what the Act’s Table ofContents looks like. The General duties of supervisors are highlighted. Notice that they arelocated in Part III, Division 3, section 3-9.

http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/S15-1.pdfhttp://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/S15-1.pdf




How to Read the Regulations:

Reading the regulations is similar to reading the Act but, the regulations contain a fewadditional items. These items are an index and an appendix. Follow these steps to read theregulations.

1. Use the Table of Contents to nd the Parts that pertain to your workplace.

2. Always remember to search by section number, not page number.

3. Look in the Preliminary Matters section to nd denitions of terms, such as ‘atmosphere-supplying respirator’. See the screen capture on the next page for a visual example of

what a Preliminary Matters section looks like. Notice that the denition for ‘atmospheresupplying respirator’ is highlighted and located in the regulations, Part I, section 2(1)(d).




4. Use the Index to locate specic regulations. The topics are organized alphabetically.When you nd your topic, a section number will be given.

5. Use the appendix to locate reference tables. The appendix to the regulations containstables of information that are referenced, but not included, in the regulations. See thescreen capture below for a visual example of a table in the appendix to the regulations.Notice that ‘Table 14.1, The Minimum Requirements for Trained Operator of Power Mobile Equipment ’, is referenced in Section 154 of the regulations.


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For more information, please contact the Ministry of Labour Relations and Workplace Safety

Occupational Health and Safety Division at:

Regina

300 - 1870 Albert Street

REGINA, CANADA S4P 4W1

Inquiry: 306-787-4496

Toll Free: 1-800-567-7233

Saskatoon

8th Floor, 122 3rd Avenue North

SASKATOON, CANADA S7K 2H6

Inquiry: 306-933-5052

Toll Free: 1-800-667-5023

Understanding Occupational Health

and Safety in Saskatchewan

2015

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